Columbia Permit denial ordinance (§ 24-171)

The director may deny an application for a permit if:

(1) The ROW-user, or any persons acting on the behalf of the ROW-user, fails to provide all the necessary information requested by the city for managing the public rights-of-way.

(2) The ROW-user, or any persons acting on the behalf of the ROW-user, including contractors or subcontractors, has a history of non-compliance or permitting non-compliance within the city. For purposes of this section, "history of noncompliance or permitting noncompliance within the city" shall include where the ROW-user, or any persons acting on the behalf of the ROW-user, including contractors or subcontractors, has failed to return the public rights-of-way to its previous condition under a previous permit.

(3) The city has provided the ROW-user with a reasonable, competitively neutral, and nondiscriminatory justification for requiring an alternative method for performing the excavation or facilities maintenance identified in the permit application or a reasonable alternative route that will not result in additional installation expense of more than ten (10) percent to the ROW-user or a declination of service quality.

(4) The city determines that the denial is necessary to protect the public health and safety, provided that the authority of the city does not extend to those items under the jurisdiction of the PSC, such denial shall not interfere with a ROW-user's right of eminent domain of private property, and such denials

shall only be imposed on a competitively neutral and nondiscriminatory basis. In determining whether denial of a permit application is necessary to protect the public health and safety, the director may consider one or more of the following factors:

a. The extent to which the rights-of-way space where the permit is sought is available, including the consideration of competing demands for the particular space in the rights-of-way, or other general conditions of the rights-of-way.

b. The applicability of any ordinance, code provision, or other regulations that affect the location of facilities in the rights-of-way.

c. The degree and nature of disruption to surrounding communities and businesses that will result from the use of that part of the rights-of-way, including whether the issuance of a permit for the particular dates and/or times requested would cause a conflict or interfere with an exhibition, celebration, festival, or any other event.

(5) The area is environmentally sensitive as defined by state statute or federal law or is a historic district designated by city ordinance.

(6) The failure to comply with applicable city ordinances or any other violation, unsafe conditions, or damage or threatened harm to the rights-of-way or public, except where such circumstance would otherwise not constitute a lawful basis for revocation of a permit.